§8754. Division duties

The division has the following duties under this chapter.   [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]

1.  Initial review; other action.  Upon receipt of a notification or report of a sentinel event, the division shall complete an initial review and may take such other action as the division determines to be appropriate under applicable rules and within the jurisdiction of the division. Upon receipt of a notification or report of a suspected sentinel event the division shall determine whether the event constitutes a sentinel event and complete an initial review and may take such other action as the division determines to be appropriate under applicable rules and within the jurisdiction of the division. The division may conduct on-site reviews of medical records and may retain the services of consultants when necessary to the division.

A. The division may conduct on-site visits to health care facilities to determine compliance with this chapter.   [PL 2009, c. 358, §4 (NEW).]

B. Division personnel responsible for sentinel event oversight shall report to the division's licensing section only incidences of immediate jeopardy and each condition of participation in the federal Medicare program related to the immediate jeopardy for which the provider is out of compliance.   [PL 2009, c. 358, §4 (NEW).]

[PL 2009, c. 358, §4 (AMD).]

2.  Procedures.  The division shall adopt procedures for the reporting, reviewing and handling of information regarding sentinel events. The procedures must provide for electronic submission of notifications and reports.

[PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]

3.  Confidentiality.  Notifications and reports filed pursuant to this chapter and all information collected or developed as a result of the filing and proceedings pertaining to the filing, regardless of format, are confidential and privileged information.

A. Privileged and confidential information under this subsection is not:

(1) Subject to public access under Title 1, chapter 13, except for data developed from the reports that do not identify or permit identification of the health care facility;

(2) Subject to discovery, subpoena or other means of legal compulsion for its release to any person or entity; or

(3) Admissible as evidence in any civil, criminal, judicial or administrative proceeding.   [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]

B. The transfer of any information to which this chapter applies by a health care facility to the division or to a national organization that accredits health care facilities may not be treated as a waiver of any privilege or protection established under this chapter or other laws of this State.   [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]

C. The division shall take appropriate measures to protect the security of any information to which this chapter applies.   [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]

D. This section may not be construed to limit other privileges that are available under federal law or other laws of this State that provide for greater peer review or confidentiality protections than the peer review and confidentiality protections provided for in this subsection.   [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]

E. For the purposes of this subsection, "privileged and confidential information" does not include:

(1) Any final administrative action;

(2) Information independently received pursuant to a 3rd-party complaint investigation conducted pursuant to department rules; or

(3) Information designated as confidential under rules and laws of this State.   [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]

This subsection does not affect the obligations of the department relating to federal law.

[PL 2009, c. 358, §5 (AMD).]

4.  Report.  The division shall submit an annual report by February 1st each year to the Legislature, health care facilities and the public that includes summary data of the number and types of sentinel events of the prior calendar year by type of health care facility, rates of change and other analyses and an outline of areas to be addressed for the upcoming year.

[PL 2009, c. 358, §6 (AMD).]

SECTION HISTORY

PL 2001, c. 678, §1 (NEW). PL 2001, c. 678, §3 (AFF). PL 2009, c. 358, §§4-6 (AMD).